Connect with us

Hi, what are you looking for?

Legal assistance to senior citizen

SLC Reads

Protection: Senior citizen have right to reclaim property, if disregarded by Child: Madras HC

Written by; Srijan Raj

The Madras High Court has redefined the meaning of the phrase “subject to condition” in Section 23(1) of the Maintenance and Welfare of Parents and Older People Act, 2007, according to Justice SM Subramaniam.

The court ruled that

The wording “subject to the condition that the transferee should supply the minimum amenities” does not imply that the Gift or Settlement Deed should explicitly include such restrictions.

 The court also emphasised that the word “deemed to have been made by fraud, coercion, or undue persuasion” must be understood holistically and also established that “Love and Affection” should be regarded as an implied requirement when senior citizens transfer their property, serving as both the consideration for signing the Gift or Settlement Deed and an important factor for determining the legality of such transfers.

 The court’s conclusion differs from the Supreme Court’s prior interpretation of Section 23 of the Act in Sudesh Chhikara v. Ramti Devi.

Written By

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.


Related Posts

Inside Court News

The Delhi High Court has ruled that while no copyright can be claimed in scriptures like the Bhagavad Gita or Bhagavatam, any explanation, adaptation,...

Inside Court News

The supreme court on Tuesday decided to reconsider the validity of the decision in NN Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd...

Inside Court News

Issue: – A Special Leave Petition was filed by a student, who had demanded for the admissions to take place through the CUET and...

Inside Court News

The Supreme court on Monday dismissed the petition challenging the union Ministry of Health and Family Welfare’s decision to reduce the qualifying percentile of...